[HISTORY: Adopted by the Town Board of the
Town of Henrietta 8-18-1982. Amendments noted where applicable.]
By a resolution of the Town Board on the first
day of April 1953, pursuant to the provisions of § 276 of
the Town Law, the Planning Board of the Town of Henrietta has power
and authority to approve plats for subdivisions within the Town of
Henrietta. The Planning Board prescribes the following regulations
as a basis for such approval governing subdivisions.
A.
In this chapter, when not inconsistent with the context:
B.
ACCESS ROAD
BOARD
CONDITIONAL APPROVAL OF A FINAL PLAT
EASEMENT
FINAL PLAT
LETTER OF CREDIT
LOT, PARCEL, PLOT or SITE
PREAPPLICATION CONFERENCE, SKETCH PLAN
PRELIMINARY PLAT
RESUBDIVISION
STREET
(1)
(2)
(3)
SUBDIVIDER
SUBDIVISION
For the purpose of this chapter, certain words and
terms used herein are defined as follows:
A right-of-way not publicly dedicated which provides access
to one or more building sites. The maintenance shall be the responsibility
of the owner.
The Planning Board of the Town of Henrietta.
The approval of such plat subject to the stipulations set
forth in the resolution. With such approval, a final plat is not qualified
for recording in the office of the Monroe County Clerk prior to the
signing of the plat by the duly authorized officer of the Board, nor
may the issuance of building permits be authorized until evidence
of filing is provided.
Authorization by the property owner for the use by another
party of any designated part of the property for a specified purpose.
A drawing, in final form, prepared in accordance with these
regulations, containing all information and detail required by law
and incorporating any stipulations of the Board.
An instrument issued by a bank authorizing the Town to make
drafts up to a specified amount upon the issuer.
Land identified by a legal description and/or tax account
number which is filed or proposed to be filed in the County Clerk's
office or a parcel that is designated by lease lines.
An informal meeting between the Board and a subdivider to
reach general agreement as to the form of the proposed layout of the
subdivision prior to engaging professional engineering services. No
formal vote will be taken on the proposed project. If, however, a
majority of the members of the Board indicate that they are favorably
inclined towards the project, the subdivider shall not take this as
an indication that either preliminary or final approval will ultimately
be given.
A drawing, dated and clearly marked "preliminary plat," showing
the layout of a proposed subdivision prepared according to these regulations
and the design criteria of the Town of Henrietta.
A change in a map of an approved or filed subdivision plan
if such change affects any street layout or area reserved for public
use or any change of lot line. If the proposed resubdivision consists
solely of the simple alteration of lot lines, then normal subdivision
procedures may be waived at the discretion of the Board.
A way, formally dedicated to public use, from which the principal
means of access to abutting property is obtained.
COLLECTOR STREETA street collecting traffic from other streets and/or serving as the most direct route to a major street, including the principal entrance to a subdivision.
MAJOR STREETA way designed as a primary or secondary thoroughfare on any official major street plan of the Town of Henrietta.
PRINCIPAL STREETA primary or secondary thoroughfare serving as a direct route to adjacent streets.
Any person, firm, corporation, partnership or association
who or which proposes to subdivide the land.
The division of any parcel of land situate within the Town
of Henrietta into three or more parcels, lots or sites, with or without
streets or highways, described by metes and bounds or by reference
to a map with numbered lots or survey of the property or by any other
methods of description for the purpose of sale, lease, license or
any other reason. The term includes resubdivision and shall relate
to the process of subdividing or to the land subdivided.
A.
Whenever any subdivision of land is proposed to be made and before any contract for the sale of or any offer to sell such subdivision or any part thereof is made by lot numbers and before any permit for the erection of a structure shall be granted, the subdivider or owner thereof or agent shall apply in writing to the Board for approval of such subdivision. The application of the subdivider, owner or agent to the Board shall conform to the specifications in §§ 245-4, 245-5 and 245-6 of these regulations. Due to the detailed nature of the information required for the consideration of a preliminary plat, a preapplication conference procedure is available to the subdivider where he is given opportunity to discuss his project with the Board in order to determine its requirements before engaging technical help. (This is a practical necessity where the project is a large one or where the developer is unfamiliar with such regulations.)
B.
The preliminary plat, topographic map, street profiles
and formal subdivision plat and all procedures relating thereto shall
in all respects be in full compliance with the provisions of §§ 276,
277 and 278 of the Town Law of the State of New York and these regulations
except where variation may be specifically authorized by the Board.
C.
A number of copies, as required by the Secretary of the Board, of the preliminary plat, as described in § 245-5, designated as such at the scale of not more than 100 feet to the inch, topographic map at the same scale and proposed street profiles at appropriate scales shall be filed with the Board. The Board shall then study the preliminary layout and proposed street profiles in connection with the topography of the area, the existing requirements of Chapter 295, Zoning, if any, the Comprehensive Land Use Plan, Chapter 125, Flood Damage Prevention, Chapter 103, Environmental Quality Review, and the Official Map, if any, and shall take into consideration the general requirements of the community and the best use of the land to be subdivided. Particular attention shall be given to matters enumerated in § 277 of the Town Law as well as to specific requirements for parks, playgrounds, school sites, boulevards and main thoroughfares, the adequacy of street connections and the suitability of the land for the type of development permitted within the zoning district as well as the impact on adjoining lands.
[Amended 6-20-2001 by L.L. No. 3-2001]
D.
The Planning Board shall follow the procedures of
Town Law § 276, Subdivision 5, to approve, approve with
conditions or disapprove the preliminary plat.
[Amended 6-20-2001 by L.L. No. 3-2001]
E.
Within six months of the approval of the preliminary
plat, the applicant must submit the plat in final form. If such plat
is not so submitted, approval of the preliminary plat may be revoked
by the Board. The final plat drawings shall be submitted on tracing
cloth sheets at scales as required by the Board and the Director of
Engineering and Planning. If the subdivision cannot be shown on one
sheet, an additional drawing shall be submitted at an appropriate
scale showing the entire subdivision.
(1)
The Planning Board shall follow the procedures of
Town Law § 276, Subdivision 6, to approve, approve with
conditions or disapprove the final plat.
[Amended 6-20-2001 by L.L. No. 3-2001]
(2)
The approval time may be extended by mutual consent
of the applicant and the Board. In the event that the Board does not
take action within the time limits mentioned above, the plat shall
be deemed approved. Prior to granting conditional or final approval
of a plat, the Board may permit the plat to be subdivided into two
or more sections and may state such requirements as it deems necessary
to ensure that the orderly development of the plat is completed before
such sections may be signed by the duly authorized Board officer.
Conditional or final approval of the sections of a final plat, subject
to any conditions imposed by the Board, shall be granted concurrently
with conditional or final approval of the plat. Such approval shall,
however, not be deemed final until the subdivider has complied with
the following subsection.
F.
The subdivider will be required to complete, in accordance
with the Board's decision, to the satisfaction of the Director of
Engineering and Planning, all the improvements specified in § 277
of the Town Law and not specifically waived by the Board or, alternately,
to file with the Town Board a letter of credit or other security complying
with such § 277 of the Town Law satisfactory to the Town
Board as to form, sufficiency and manner of execution and surety for
the completion of such improvements as are not constructed and approved
by the Director of Engineering and Planning prior to the approval
of the plat. The Board will require a certificate from the Director
of Engineering and Planning or other duly designated official as to
the satisfactory character of improvements completed and from the
Town Attorney or other designated legal advisor as to the adequacy
of the security which may be proffered. The subdivider will be required
to tend offers of cession in a form certified as satisfactory by the
Town Attorney of all land included in streets, highways or parks,
not specifically reserved by him, but approval of the plat by the
Board does not constitute an acceptance by the Town of the dedication
of any street, highway, park or other public open space.
G.
The signature of the duly authorized officer of the
Board constituting final approval by the Board of a plat showing lots,
blocks or sites, with or without streets or highways, or the approval
by such Board of the development of a plat or plats already filed
in the office of the County Clerk or register of the county in which
such plat or plats are located, if such plats are entirely or partially
undeveloped, or the certificate of the Town as to the date of the
submission of the final plat and the failure of the Board to take
action thereon within the time prescribed shall expire within 62 days
from the date of such approval or from the date such certificate is
issued, unless within such sixty-two-day period such plat or a section
thereof shall have been duly filed or recorded by the owner in the
office of the Monroe County Clerk.
[Amended 6-20-2001 by L.L. No. 3-2001]
The subdivider shall observe the following general
requirements and principles of nonresidential subdivision of land:
A.
Subdivisions shall be in conformance with all local
ordinances, except as provided for elsewhere by the Town Law or this
regulation, and shall be properly related to the Town of Henrietta
Comprehensive Land Use Plan, if any, as it is being used for guidance
by the Board, either with or without formal implementation. Natural
and historic features should be preserved. Insofar as possible, all
existing features of the landscape, such as large trees, unusual glacial
formations, watercourses and floodcourses, historic sites and other
such irreplaceable assets, shall be preserved.
B.
Street design in the subdivision shall provide for
the continuation of the principal streets in adjoining subdivisions
or for their proper projection when adjoining property is not subdivided.
Street right-of-way width, deflections, curvature and layout shall
be subject to approval by the Director of Engineering and Planning
and the Board.
D.
Each block shall be planned to provide two rows of
lots. Other lot arrangements may be accepted by the Board if such
arrangements do not hinder future maintenance or other developments.
E.
Side lines of lots, insofar as practical, shall be
perpendicular to the street on a tangent section or on a radial to
a curved section.
F.
All lots shall be of sufficient size to accommodate
anticipated buildings in accordance with zoning setback requirements.
G.
Vertical alignment (grades) of streets shall conform
in general to the existing terrain, but consideration will be given
to minimum and maximum grades for drainage, safety, traffic and other
factors.
H.
Fire lanes of adequate width and off-street parking/loading
areas shall be provided on all lots.
I.
Lots shall be arranged and graded so that drainage
areas will remain along lot lines or in open areas.
K.
In the case of a subdivision into larger parcels or
sections or larger than ordinary building lots, such parcels shall
be arranged so as to allow for future streets and logical future subdivision.
L.
On subdivision fronting existing streets, access roads
may be required to limit access onto the existing street to one or
more points. The lot depth may be increased to include this additional
area.
M.
All utilities installed in commercial/industrial subdivisions
shall be placed underground.
N.
The Board may require the installation of sidewalks,
open areas, parking areas, drainage/flooding areas, buffer zones for
noise or visual control, street trees, lot trees, streetlighting or
other improvements to assure safe, orderly and sound development which
will not adversely affect existing or future neighboring developments.
O.
Variations of the general requirements above outlined
may be established by the Board when, in its judgment, special factors
warrant such variation.
The subdivider shall observe the following general
requirements and principles of residential subdivision of land:
A.
Subdivisions shall be in conformance with all local
ordinances, except as provided for elsewhere by the Town Law or this
regulation, and shall be properly related to the Town of Henrietta
Comprehensive Land Use Plan, if any, as it is being used for guidance
by the Board, either with or without formal implementation. Natural
and historic features should be preserved. Insofar as possible, all
existing features of the landscape, such as large trees, unusual glacial
formations, watercourses and floodcourses, historic sites and other
such irreplaceable assets, shall be preserved.
B.
Street design in the subdivision shall provide for
the continuation of the principal streets in adjoining subdivisions
or for their proper projection when adjoining property is not subdivided.
Street right-of-way width, deflections, curvature and layout shall
be subject to approval by the Director of Engineering and Planning
and the Board.
D.
Each block shall be planned to provide two rows of
lots. Other lot arrangements may be accepted by the Board if such
arrangements do not hinder future maintenance or other developments.
E.
Side lines of lots, insofar as practical, shall be
perpendicular to the street on a tangent section or on a radial to
a curved section.
F.
All lot sizes shall comply with the current zoning regulations of the Town. If the developer is applying for subdivision approval under Town Law § 278, he must comply with the provisions of Town Code Chapter 295, Zoning, § 295-59B.
[Amended 6-20-2001 by L.L. No. 3-2001]
G.
Vertical alignment (grades) of streets shall conform
in general to the existing terrain, but consideration will be given
to minimum and maximum grades for drainage, safety, traffic and other
factors.
I.
In the case of a subdivision of land into sections,
the Board shall review and approve the preliminary plat for the entire
subdivision before granting any one section final approval.
J.
On subdivision lots fronting existing streets, access
roads may be required to limit access onto the existing street to
one or more points. The lot depth may be increased to include this
additional area.
K.
All utilities installed in residential subdivisions
shall be placed underground.
L.
The Board may require the installation of sidewalks,
open areas, parking areas, drainage/flooding areas, buffer zones for
noise or visual control, street trees, lot trees, streetlighting or
other improvements to assure safe, orderly and sound development which
will not adversely affect existing or future neighboring developments.
M.
Variations of the general requirements above outlined may be established by the Board when, in its judgment, special factors warrant such variation (i.e., rural estate subdivision). (Note: "Rural estate subdivision" is one in which the Board may waive some requirements of § 245-5C, K and L in exchange for the development of three- to five-acre lots.)
The preliminary plat shall be drawn on one or
more sheets of tracing material not more than 24 by 36 inches in size
and shall be clearly marked "preliminary plat." If more than one sheet
is required to show an entire tract at the above scale, an additional
plan showing the entire subdivision shall be submitted at an appropriate
scale. When the subdivider is someone other than the owner, an affidavit
by the owner of the land consenting to the application and proof of
ownership shall be submitted. The preliminary plat shall be drawn
at a standard scale of not more than 100 feet to one inch and shall
include the information listed below:
A.
The name of the proposed subdivision, township, range
and great lot number in which it is located.
B.
The name and address of the record owner, subdivider
and designer of the preliminary plat.
C.
The location of property lines, existing easements,
buildings, structures, watercourses, woodlands, wetlands and other
essential features.
D.
North point, graphic scale, date and general location
map.
E.
The names of all adjacent subdivisions and the names
of owners of adjacent acreage.
F.
The location of any existing sewers, water mains,
culverts and drains on the property to be subdivided or on streets
which border the property.
G.
The locations, names and widths of existing and proposed
streets, highways, easements, building lines, parks and other public
open spaces and similar facts regarding adjacent property.
H.
Ground contours for the property and adjacent property
at intervals of not more than five feet of elevation.
I.
The proposed source of water supply and the method
of sewage disposal, including a conceptual layout of each system,
whether necessary districts are formed or in process and the lines,
dimensions and purpose of all utility easements, including properly
placed fire hydrants. If on-site sanitary systems are to be used,
percolation tests data shall be provided.
J.
The proposed facilities for collecting, retaining, detaining and discharging surface water drainage, including preliminary design of any bridges or culverts which may be required and the layout and sizes of the storm sewer system. A separate report shall be submitted, including calculations for runoff and pipe and channel sizing, which will clearly indicate the basis of design and the intended method of all stormwater disposal and flood hazard prevention and how all runoff will be handled during grading and development operations and erosion and sedimentation prevention measures. The design of stormwater retention and other facilities shall follow the criteria set forth in Chapter 84, Drainage, and Chapter A300, Design Standards for Storm Drainage, of the Town Code.
K.
The approximate lines and gradients of proposed streets
and sidewalks, the names of proposed streets and a typical section
of the roadway pavement.
L.
A soils report outlining all soils and their classification,
also listing those areas, if any, with moderate to high susceptibility
to erosion. The report shall also describe the existing vegetation.
M.
A proposed preliminary grading plan of the site at
a contour interval of not more than two feet, showing locations of
cuts and fills.
N.
The approximate lines of proposed lots, the acreage
or square footage contained in each lot and individual lot numbering.
When appropriate, a typical lot layout with building and on-site sewage
system shall be provided.
O.
The approximate locations and dimensions of areas
proposed for neighborhood parks, playgrounds or other permanent open
space within the subdivision.
P.
The location of any municipal boundary lines, existing
special districts and zoning district lines within or near the subdivision.
Q.
Indications of any nonconforming lot and deed restrictions
or covenants as may apply to any or all portions of the subdivision.
R.
An environmental assessment form (EAF) shall be provided
and, if necessary, an environmental impact statement as required by
federal, state or Town law.
S.
An indication of locations of buffer zone areas required
either during or after construction and the reason for buffer and/or
other proposed vegetation.
T.
The location, size and type of proposed lighting and
anticipated signs, if any.
U.
The location and outline of all floodplains, floodways,
woodlands, wetlands and other environmentally sensitive areas.
V.
A deed description and map of survey of tract boundary
made and certified by a New York State licensed land surveyor.
W.
Where it is impossible to include any public facilities
within the public area so laid out, the preliminary plat shall show
the boundaries of proposed permanent easements, which shall provide
satisfactory access.
X.
Where the preliminary plat submitted covers only a
portion of the entire holding, a sketch of the prospective future
street system of the unsubmitted portion shall be furnished for review
by the Board in connection with the submitted portion.
Y.
Where the subdivision is near to a noise source such
as an expressway, industrial area, etc., a noise study shall be submitted,
providing the necessary ambient noise readings and contours, in the
order to determine mitigating measures to protect the subdivision
from excess noise levels.
The final subdivision plat shall be drawn in
ink on linen or material equally acceptable for filing with the Monroe
County Clerk and shall give sufficient survey data to readily determine
the location, bearing and length of all lines shown thereon to permit
the reproduction of such lines upon the ground. The subdivision final
plat shall be composed of three parts, namely construction sheet,
record sheet and drainage report, as described in the subsections
that follow.
A.
Final plat construction sheet. These drawings shall
be one or more sheets of tracing material, not more than 24 by 36
inches in size, and shall be drawn at a scale of 50 feet to one inch.
Where more than one sheet is required to show the entire development,
a key sheet shall be provided showing the entire project. All data
shown on the construction sheets shall be in accordance with the requirements
of the Director of Engineering and Planning and the construction specifications
which are available at the Town Hall. The data shall include but shall
not be limited to the following information:
(2)
The lines of existing and proposed streets and sidewalks
immediately adjoining and within the subdivision.
(3)
The names of existing and proposed streets.
(4)
Typical cross sections of proposed streets.
(5)
Profiles of proposed streets at suitable vertical
scale showing finished grades in relation to existing ground elevation.
(6)
The layout of proposed lots, including lot numbers.
(7)
The location and size of any existing and proposed
sewers (stormwater or sanitary), water mains and pipes on the property
or into which any connection is proposed.
(8)
Provisions for water supply and sewage disposal and
evidence that such provisions have received approval of the Monroe
County Department of Health.
(9)
Locations of survey monuments. Before acceptance of
the dedication of the highways, a certificate by a licensed land surveyor
must be filed certifying that the above monuments have been placed
where indicated on the map.
(10)
Plan and typical cross section of proposed sidewalks
where required.
(11)
Development plan, including landscaping, for any proposed
neighborhood park or playground within the subdivision.
(12)
A planting plan for street trees, where required,
indicating the location, varieties and minimum size of trees to be
planted and of existing trees to be preserved as street trees.
(13)
Brief specifications or reference to Town standards
for all required facilities to be constructed or installed within
the subdivision.
(14)
Certification by a licensed professional engineer
and/or licensed landscape architect and a licensed land surveyor as
evidence of professional responsibility for the preparation of the
construction sheet.
B.
Final plat record sheet. The record sheet shall be
of a size acceptable by the Monroe County Clerk and drawn to a scale
of 50 feet to one inch. Where more than one sheet is required to show
the entire development, an index map to scale showing all sections
shall be provided. The data shown shall include but shall not be limited
to the following information:
(2)
The boundaries of the subdivision, a legal description
of the entire parcel of property and information to show the location
of the subdivision in relation to surrounding property and streets,
including names of owners of adjacent land or names of adjacent subdivisions.
In whatever manner that is practical, the subdivision boundary shall
be referenced from two directions to establish United States Coast
and Geodetic Survey monuments or New York State Plane Coordinate monuments.
In the event that such monuments have been obliterated, the subdivision
boundary shall be referenced to the nearest highway intersections
or previously established monuments of subdivisions or public lands.
Any combination of types of reference points may be accepted which
would fulfill the requirement of exact measurements from the subdivision
boundary to reference points previously established for or by a public
agency.
(3)
The lines of existing and proposed streets and sidewalks
within the subdivision and their names and the lines of existing or
proposed streets and sidewalks on adjoining properties.
(4)
The lines and dimensions of proposed lots, which shall
be numbered. If a proposed lot contains one or more existing buildings,
the yard dimensions for such buildings shall be indicated. Existing
buildings outside the limits of the plat, but within 75 feet of any
proposed street or 25 feet of any proposed lot line, shall also be
shown.
(5)
The lines and purposes of existing and proposed easements
immediately adjoining and within the subdivision.
(6)
The lines, dimensions and areas in square feet of
all property that is proposed to be reserved by deed restriction or
covenant for the common use of the property owners of the subdivision
or for any other reason.
(7)
The location of monuments to be placed within the
subdivision.
(8)
The locations of existing and proposed water supply
lines, storm sewers and sanitary sewers within the subdivision.
(9)
The locations of any municipal and zoning boundary
lines within the subdivision.
(10)
Written statements as to:
(a)
The zoning of the subdivision property.
(b)
Compliance of the proposed lots with zoning
requirements. If any lots do not comply but are covered by zoning
variances, the statement should include reference to such variance
or, if variances are needed, such should be stated along with the
nature of the variance(s) and locations.
(11)
Seal and certification by a licensed professional
engineer or a licensed land surveyor as evidence of professional responsibility
for the preparation of the record sheet and a place for the liber
and page where filed.
(12)
Offers of dedication to the Town of any open space,
recreation, road or other improvement and the facilities to be retained
by the subdivider, including the method of maintenance and improvement
thereof. Such offers shall be received and approved by the Town Attorney
as to their legal sufficiency.
C.
Filing requirements. To facilitate the filing of the
subdivision or resubdivision maps with the County of Monroe, the following
are required:
(1)
If there are any new streets, the form "Application
for Approval of Plat" shall be submitted.
(2)
A tax search shall be made as required by the Monroe
County Treasurer's Office.
(3)
The required number of prints of the map as specified
by the county.
(4)
The filing fee, payable to the Monroe County Clerk.
(5)
A statement that all other necessary county departments
have been contacted.
D.
Final plat drainage report. When requested by the
Director of Engineering and Planning, this report shall expand upon
the report submitted at the preliminary plan stage and shall present
plans and supporting data for stormwater control drainage provisions
within the subdivision, including:
(1)
Plan, profiles and typical and special cross sections
of proposed stormwater drainage facilities.
(2)
Supporting final design data and copies of computations
used as a basis for the design capacities and performance of the drainage
facilities.
(3)
Subdivision grading plan development to suitable contour
interval with grading details to indicate proposed street grades and
building site grades and elevation through the subdivision. The contour
interval of the grading plan shall be one, two or five feet (vertical),
the selection to be determined by the Director of Engineering and
Planning.
(4)
Erosion report, if required.
(5)
If the subdivision is within or adjacent to the one-hundred-year-frequency
floodplain of any body of water, a detailed analysis of the area with
respect to a floodplain management land use will be included in the
subdivision plat drainage report.
The Planning Board may approve cluster developments simultaneously
with approval of a subdivision, all in accordance with Town Law § 278,
in any district, unless otherwise restricted. The Planning Board shall
establish conditions on the ownership, use, and maintenance of open
lands shown on the cluster development plat to assure the preservation
of the natural and scenic qualities of such open lands. Such conditions
(including but not limited to conservation easements, dedication of
lands to the Town, etc.) shall be approved by the Town Board.
A.
Before the issuance of any building permits, the subdivider
shall pay to the Town of Henrietta a fee for each lot shown on the
subdivision plat. Said fee shall be applied on and shall cover the
cost of the following items:
[Amended 6-20-2001 by L.L. No. 3-2001]
(1)
Construction water used for all initial construction
of residences and public improvements in the subdivision prior to
installation of water meters.
(2)
Cost of normal inspection by Town employees or Town
officials of:
(a)
All sanitary sewers, pumps, manholes and other
public sewage facilities required to serve the subdivision.
(b)
Public waterlines, hydrants and other public
water facilities within the subdivision.
(c)
All storm sewers and public drainage facilities
required to serve said subdivision.
(d)
All street improvements, sidewalks and street
drains to be constructed within the subdivision.
B.
Said fee shall not cover the following:
(1)
Cost of inspection of water, sewer or drainage facilities
not of a public nature, such as water and sewer services and drains
on private property, or the connection thereof to public facilities.
(2)
Cost of inspections of buildings by the Department of Building and
Fire Prevention.
[Amended 2-15-2006 by L.L. No. 1-2006; 6-26-2019 by L.L. No. 5-2019]
(3)
Fees of consulting engineers or other special inspection
charges incurred by the Town of Henrietta or any improvement district
thereof in connection with the installation of any public improvement
required by the Planning Board or by the Town Board.
C.
In addition to said fee per lot, the subdivider shall
also pay to the Supervisor any and all inspection fees for sanitary
sewers, laterals, storm sewer connections and water services required
to be paid by any ordinance or regulation of the Town of Henrietta
and all entrance fees payable for the right to connect to any district
in said Town.
D.
The Supervisor shall allocate all such fees to the
improvement district or department of the Town of Henrietta which
renders the services or furnishes the materials for which said fees
are payable, in proportion to the value of the service rendered or
materials furnished by such district or department, as determined
by the Town Board, and any surplus shall be retained by its general
Town fund and as reimbursement for the general administration costs
incurred in the regulation of subdivisions and in connection with
improvement districts.
E.
Until the subdivider has filed with the Building Inspector or designee
proof of filing of the approved plat in the Monroe County Clerk's
office and until payment of the fees herein provided for, no building
permit for the construction of any structure in such subdivision shall
be issued.
[Amended 2-15-2006 by L.L. No. 1-2006; 6-26-2019 by L.L. No. 5-2019]
[Added 2-18-2015 by L.L.
No. 1-2015; amended 9-27-2023 by L.L. No. 9-2023]
Failure to comply with this chapter shall constitute a violation,
and, upon conviction thereof, shall be subject to a fine as follows.
Each week's continued violation shall constitute a separate additional
violation.
A.
For a
first violation, a fine up to a maximum amount of $350.
B.
For a
second violation, where both violations were committed within a period
of five years, a fine of not less than $350 nor more than $700.
C.
For a
third violation or greater, all of which were committed within a period
of five years, a fine of not less than $700 nor more than $1,000.
